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@article{191523,
        author = {Sanmathi S. Rao},
        title = {Access and Benefit sharing mechanisms in India: The why, what, how?},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {8},
        pages = {7019-7023},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=191523},
        abstract = {Humans have been using biological resources for the purposes of food and medicine since time immemorial. Wide range of sectors, such as the pharmaceutical, cosmetic and personal care, fragrance and flavor, botanicals, and food and beverage, have undertaken research and have developed commercial products from genetic resources derived from biological resources. Our lush green forests into barren deserts and wastelands due to unsustainable practices. For fuel wood and prawn farming, Mangroves have been cleared leading to decrease in the habitat essential for breeding marine fish. There has been a rampant decline of biological diversity owing to over-exploitation. As such, in the past decade, countries have increasingly used access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. The existing international framework for ABS of genetic resources and associated Traditional knowledge is the Convention on Biological Diversity (CBD), the CBD was formulated in the United Nations Conference on Environment and Development in Rio de Janeiro, Brazil. (UNCED) To achieve the objectives of the Convention on Biological Diversity (CBD), the Biological Diversity Act in 2002 and notified the Rules, 2004 was enacted by the Government of India. The implementation of the Act and Rules at national, state and local levels are overseen by the National Biodiversity Authority (NBA), the State Biodiversity Boards (SBBs) and the Biodiversity Management Committees (BMCs) respectively. Two protocols have come into existence after the coming into force of the CBD. First is the Cartagena Protocol on Biosafety, wherein the safe handling, transport and use of living modified organisms (LMOs) resulting from modern biotechnological inventions, has been deliberated. Second is the Nagoya Protocol, which focuses on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization. The Nagoya Protocol sets out the rules and mechanisms for access to genetic resources and associated Traditional knowledge, the principles of fair and equitable benefit sharing between the indigenous communities and the companies have been enumerated under the protocol. The purpose of this research paper is to highlight the existing problems in the Access and benefit sharing system and advocate towards rebranding India’s benefit sharing regime into a more definite, credible, transparent and fairer regulatory framework.},
        keywords = {Benefit-sharing, Nagoya-Protocol, Cartegena-Protocol, Equitable, Access, Convention on Biodiversity},
        month = {January},
        }